Legal Opinion
Frank v. State Farm Mutual Automobile Insurance
Louisiana Court of Appeal
Decided October 22, 1971No. 3614PublishedCited by 4 opinions
1Opinion of the Court
CULPEPPER, Judge.
This is a wrongful death action. Plaintiff is the surviving widow of Ewell L. Frank, Jr. While walking along a highway at night, he was struck by an automobile driven by Hansen J. Milligan, and insured by the defendant, State Farm Mutual Automobile Insurance Company. The district judge awarded plaintiff the policy limit of $5,000. Defendant appealed.
The issues are (1) negligence on the part of the motorist, (2) contributory negligence on the part of the deceased pedestrian, and (3) the applicability of the doctrine of last clear chance.
The accident occurred on a two-lane,…
2Cases cited3 opinions
- Calais v. ThibodeauxLouisiana Court of Appeal · 1969
- Odom v. State Farm Mutual Automobile InsuranceLouisiana Court of Appeal · 1967
- Jacquet v. State Farm Mutual Automobile InsuranceLouisiana Court of Appeal · 1968
3Cited by4 opinions
- Vessel v. St. Paul Fire & Marine Insurance Co.Louisiana Court of Appeal · 1973
- Burks v. McKeanLouisiana Court of Appeal · 1990
- Fields v. Senior Citizens Center, Inc.Louisiana Court of Appeal · 1988
- Welch v. MayhallLouisiana Court of Appeal · 1976